appears to the Director to indicate that a member of the police service may have

(i)

committed a criminal offence; or

(ii)

behaved in a manner which would justify disciplinary proceedings; and

(b)

is not the subject of a complaint.

(1B) But subsection (1A) does not require the Director to refer a matter to the Ombudsman where the Director

(a)

is dealing with the question of criminal proceedings, or

(b)

has decided to bring criminal proceedings.

(1C) Where the Director is dealing with the question of criminal proceedings or has decided to bring criminal proceedings, he must notify the Ombudsman of that fact.";

(b)

leave out subsection (5) and insert

"(5)

Where any matter is referred to the Ombudsman under subsections (1A) or (4), he shall formally investigate the matter in accordance with section 56 if it appears to him that it is desirable in the public interest that he should do so."

(c)

in subsection (7), after "Authority", insert ", the Director" and after "subsection (1)" insert "or (1A)".'.

'(4A) In preparing or making alterations to a code the Director must be guided by the general principles of the Guidelines on the Role of Prosecutors adopted at the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders held at Havana between 27th August and 7th September 1990.'.

Mr Seamus Mallon

172

*Page 23, line 29 [Clause 40], leave out 'and is subject to any directions given by him'.

Lady Hermon
Mr David Trimble
Mr Roy Beggs

86

*Page 26, line 31 [Clause 46], leave out 'Public' and insert 'Crown'.

Mr Quentin Davies
Mr Crispin Blunt
Mr John Hayes

48

Page 26, line 40 [Clause 46], at end insert

'(k)

the police ombudsman for Northern Ireland.'.

Lady Hermon
Mr David Trimble
Mr Roy Beggs

91

*Page 26, line 40 [Clause 46], at end insert

'(k)

Consignia,

(l)

the Police Ombudsman for Northern Ireland,

(m)

the Financial Services Authority,

(n)

the Inland Revenue,

(o)

Electoral Office.'.

Lady Hermon
Mr David Trimble
Mr Roy Beggs

92

*Page 27, line 12 [Clause 46], at end insert

'(5A) An inspection carried out by the Chief Inspector of Consignia, the Financial Services Authority, the Inland Revenue or the Electoral Office may cover only functions relating to their criminal justice functions.'.

Lady Hermon
Mr David Trimble
Mr Roy Beggs

87

*Page 27, line 37 [Clause 47], leave out 'Public' and insert 'Crown'.

Lady Hermon
Mr David Trimble
Mr Roy Beggs

88

*Page 28, line 35 [Clause 49], leave out 'Public' and insert 'Crown'.

Mr Quentin Davies
Mr Crispin Blunt
Mr John Hayes

49

Page 32, line 40 [Clause 54], after 'hours', insert 'if aged under 16 years, or 240 hours if aged 16 or 17 years'.

Mr Quentin Davies
Mr Crispin Blunt
Mr John Hayes

50

Page 35, line 7 [Clause 55], after '40', insert 'if the offender is aged under 16 years, or 240 if the offender is aged 16 or 17 years'.

Mr Quentin Davies
Mr Crispin Blunt
Mr John Hayes

51

Page 38, line 14 [Clause 56], leave out 'one half of'.

Patsy Calton
Lembit Öpik

99

*Page 38, line 25 [Clause 56], leave out 'that time' and insert 'following the child reaching the age of 14'.

Patsy Calton
Lembit Öpik

100

*Page 39, line 43 [Clause 56], after 'he', insert '(i)'.

Patsy Calton
Lembit Öpik

101

*Page 39, line 47 [Clause 56], at end insert

'(ii)

will be offered an independent advocacy service within 24 hours of his return to secure accommodation.'.

'(4A) Where the court imposes a fine on the child under paragraph (3)(a) or (4)(a), it shall order that the fine be paid by the parent or guardian of the child instead of by the child, unless it is satisfied that there is good reason for not so doing.

(4B) A fine ordered under paragraph (4A) to be paid by a parent or guardian may be recovered from him by distress, or he may be imprisoned in default of payment, in like manner as if the order had been made on the conviction of the parent or guardian of the offence for which the custody care order was made.

(4C) A parent or guardian may appeal to a county court against an order under paragraph (4A).'.